In today’s digital age, working from home has become increasingly common, which means that there is a greater reliance on technologies like Zoom and Google Meet, as well as emails and text messaging. These tools are convenient, user-friendly, and give employees the option to be more efficient while remaining connected to their supervisor and other colleagues. However, while technology certainly offers a range of benefits to both employers and employees, it has given rise to a new form of harassment.
Digital workplace harassment is a growing concern as employers continue to embrace hybrid or fully remote arrangements. This type of conduct can be just as harmful as in-person harassment or discrimination. If you have experienced digital harassment or discrimination from an employer, a supervisor, or a fellow colleague, do not hesitate to contact a highly skilled employment lawyer who will discuss the nature of the behavior and negotiate the best possible settlement outcome.
What Is Digital Discrimination?
“Digital discrimination” in the workplace is the practice of using technology like emails, chats, video conferencing, and social media to target employees.
What Are the Most Common Causes of Digital Harassment?
Unfortunately, digital harassment and discrimination are growing concerns. According to one report, over 40% of Americans have experienced some form of digital harassment, particularly over the past several years. The following are examples of some of the most common causes of digital harassment in the workplace:
- Lack of intercultural sensitivity within the software developers’ community.
- Social media platforms that use discriminatory algorithms to exclude certain content or users.
- Online algorithm that only screens certain applicants for job opportunities.
- Lack of education about digital discrimination and its implications.
- Companies that only target certain groups of people with specific content or advertising.
- Using customer data to target specific groups with different prices or services.
What Are Examples of Digital Harassment and Discrimination in the Workplace?
In this day and age, harassment and discrimination do not only occur in hallways, break rooms, meetings, and other scenarios where you are interacting with an employer, supervisor, or co-worker in person. It can happen on a Zoom call, via text message, or in an email. The following are common forms of digital harassment and discrimination that occur in the workplace:
- Cyberbullying. This is any type of aggressive online behavior that is meant to cause harm, humiliation, or intimidation.
- Derogatory or offensive messages. This includes racial slurs, offensive jokes about a person’s sexual orientation or gender identity, stereotyping, or mocking someone based on their religion or political affiliation. When these types of comments are made over text, email, or during a virtual conference call, this is a form of digital discrimination.
- Sexual harassment through messaging. If an employer sends sexually explicit messages or images via text, email, or video, this inappropriate and offensive behavior is considered sexual harassment.
- Public shaming and humiliation. This is another type of harassment that can occur digitally. Examples include making degrading comments about another employee in a group chat, mocking an employee’s mistakes during a Zoom call, rather than addressing them privately, or posting demeaning comments about an employee’s work performance online.
- Exclusion and isolation. An employer may resort to a range of tactics to systematically exclude an employee based on their protected characteristic. Examples of this type of behavior include omitting the employee from important email chains, failing to address the employee during group discussions, not inviting the employee to virtual meetings, and not giving the employee access to collaboration tools.
- Invasion of privacy. If an employer shares, monitors, or records personal information and shares that information without the employee’s consent, this is considered digital harassment.
- Virtual communication that impairs your ability to work. Any type of virtual communication that is sexual, discriminatory, or aggressive can create a hostile work environment that makes it difficult to concentrate and carry out work responsibilities.
- Digital stalking. This occurs when an employer or co-worker gets access to an employee’s personal information, including their home address, social media accounts, phone number, and personal email, and uses this information to send threatening, aggressive, or hostile comments.
What Should Employers Do to Prevent Digital Harassment and Discrimination?
All employees are entitled to a work environment that is safe and free from harassing or discriminatory behavior. Employers have a responsibility to identify this type of behavior, whether it occurs in person or via emails, text messages, video conferencing, or any other digital platform. The following are effective strategies your employer can and should implement to prevent digital harassment and discrimination in the workplace:
- Update policies and training. Employers should be proactive about raising awareness of digital harassment and discrimination, and making it clear to all employees that this type of behavior is prohibited. This should involve reviewing the current anti-harassment and anti-discrimination policies to ensure that they include digital harassment and discrimination. Employers should also ensure that employee training programs include mandatory digital anti-discrimination and anti-harassment modules.
- Encourage management to take proactive steps to prevent digital harassment and discrimination in the workplace. Employers should not rely solely on technology to address insensitive or inappropriate comments that focus on an employee’s protected characteristics. Managers should be trained on how to effectively address anti-harassment or anti-discrimination procedures that occur digitally.
- Establish a process for responding to incidents of digital harassment and discrimination. Employers should respond to digital harassment or discrimination in the same way they would respond to an in-office complaint. In addition, employers have a responsibility to make sure that employees understand how to report an incident and that their complaint will be taken seriously. Employers are expected to investigate the complaint and take immediate steps to stop the harassment if the behavior is found to be problematic.
- Provide wider channels for reporting digital harassment and discrimination. Employees who experience digital harassment or discrimination in the workplace should have a range of options for reporting the behavior, including in-person, one-on-one video conference with Human Resources, a private phone call, or sending a confidential email to their manager or Human Resources representative.
What Do I Do if I Have Experienced Digital Harassment or Discrimination at Work?
Just because the harassing or discriminatory behavior you have experienced was not in-person does not mean that it is any less serious. The following are steps you can take to ensure that the behavior does not continue, and that your legal and employee rights are protected:
- Document everything. It is extremely important that you collect as much evidence as possible to support your discrimination or harassment claim. Write down all dates, times, what was said or done, who was involved, and the platforms used. Save all screenshots, text messages, emails, and any other digital evidence you have. If there were witnesses who received similar communications or could corroborate your claim, ask if they would be willing to provide an official statement.
- Review your employee handbook. Refer to your employee handbook to determine what the employer’s policies are for reporting digital harassment or discrimination. In some cases, you may be required to report the behavior to Human Resources or an EEO Officer before filing an official complaint.
- Report the incident to your supervisor or Human Resources. If you feel safe doing so, report the behavior in writing to your supervisor. If you do not feel comfortable doing this, notify Human Resources or an EEO Officer about the behavior.
- File a complaint with federal, state, or local government agencies. You can file a complaint with the Pennsylvania Human Relations Commission (PHRC), the Equal Employment Opportunity Commission (EEOC), or the Philadelphia Commission on Human Relations (PCHR). Each of these agencies handles discrimination complaints. The EEOC handles nationwide complaints, whereas the PHRC covers complaints in Pennsylvania, and the PCHR handles Philadelphia-specific violations. Each has different filing deadline requirements for the number of employees.
- Report any retaliation. Employers are legally prohibited from retaliating against an employee for reporting harassment or discrimination. If you have been retaliated against for reporting digital harassment or discrimination at work, report the behavior as soon as possible.
- Contact an experienced employment lawyer. If you are considering filing an official complaint after experiencing digital harassment or discrimination in the workplace, it is in your best interest to work closely with a highly skilled employment lawyer who has a thorough understanding of the digital behaviors that qualify as harassing or discriminatory and recommend the best legal course of action.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Advocate for Victims of Digital Harassment and Discrimination
If you have experienced digital harassment or discrimination at work, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. This behavior is prohibited, and our dedicated legal team will help you navigate every step of the complaint process and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients throughout the surrounding areas.
